What You're Facing

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Gun charges in Virginia come with mandatory prison time that judges cannot reduce, no matter the circumstances. Possession of a firearm by a convicted non-violent felon: mandatory 2 years. Violent felony conviction: mandatory 5 years. Carrying a gun while possessing drugs: mandatory 2 years. Distributing Schedule I or II drugs with a firearm: mandatory 5 years. Making a false statement on a firearm purchase form: up to 10 years in prison. 

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The problem? These cases are often built on shaky foundations. Police find a gun in a car with multiple occupants, who possessed it? A gun is found in a house where several people live, whose gun is it? Officers see a firearm near you, but there are no fingerprints, no DNA, no video, no physical evidence linking you to the weapon. Or maybe you filled out a federal gun form honestly based on what you were told about your record, but the government claims you lied. These charges frequently turn on constructive possession theories (you were "near" a gun), questionable police work, and shoddy to non-existent forensics. 

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The stakes are enormous: mandatory years in prison. When you're facing that based on disputed facts, lack of evidence, or violations of your constitutional rights, you need attorneys who have actually defended firearm cases at trial, and won.

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Our Gun Case Results​

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NOT GUILTY: Felon in Possession - Two Officers, Zero Evidence

Two police officers claimed they wrestled a gun from our client's hand during a two-minute struggle. He faced mandatory years in prison. The problem? Zero fingerprints on the gun. Zero DNA evidence. No photographs. No audio recordings despite officers having body cameras and cell phones. Our client's hand was bleeding from a wound requiring five stitches during the alleged struggle, yet no blood or biological material on the gun. The prosecution asked the jury to take the officers' word alone with nothing to back it up. We showed the jury that when officers claim possession but have no forensics, no recordings, and no investigation, that's not proof beyond a reasonable doubt. The jury agreed and returned not guilty. [Read Full Case Details →]

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NOT GUILTY: Felon in Possession - Prosecution's Star Witness Was Five-Time Convicted Felon

Our client was charged with felony firearm possession based largely on the testimony of a five-time convicted felon with prior drug and gun convictions. No fingerprints. No DNA. No video despite the incident happening at the Virginia Beach Oceanfront. The prosecution's star witness claimed he heard a "loud metallic clanking sound" of a gun hitting asphalt, but the gun had a plastic frame. We showed the jury this was an uncorroborated story from an unreliable witness with every reason to lie. The jury held the government to its burden and returned a not guilty. [Read Full Case Details →]

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NOT GUILTY: Possession of Firearm By Felon and False Statement on Firearm Form - No Willful Intent

Our client was charged with making a false statement on a federal firearms purchase form based on a juvenile adjudication from when he was 15. The government claimed he willfully lied on the ATF form. We proved he was genuinely confused about his legal status after juvenile court staff incorrectly told him and his mother his record had been expunged. At the gun shop, he provided his photo ID, Social Security number, and home address. We asked the jury: does that sound like someone who thinks he's committing a crime? The jury found the government failed to prove willful intent. Not guilty. [Read Full Case Details →]

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Common Defenses To Gun Charges

 

Every case is unique, but these are some of the common issues in play:

• Constructive possession challenges: Gun found in car with multiple people, shared residence, or area accessible to others, proximity alone doesn't prove possession

• Lack of forensic evidence: No fingerprints, no DNA, no biological material connecting you to the gun.

• Fourth Amendment violations: Illegal searches, warrantless entries, unlawful stops, lack of probable cause to enter or search

• Challenging witness credibility: Unreliable informants, convicted felons as sole witnesses, officers who contradict each other or didn't actually see possession

• No intent to make false statement: Genuine confusion over ancient convictions, juvenile records, deferred adjudications, or what court staff told you

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Why Gun Charges Require Trial Experience

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Prosecutors frequently argue you possessed a gun simply because you were near it. But proximity isn't possession, especially when multiple people have access to a car or home. Understanding when the government's theory falls apart and how to attack "constructive possession" is critical. Then there's forensic evidence. If someone really handled a gun or loaded bullets into a magazine, then where are the fingerprints and DNA? When that evidence is missing, you can often establish reasonable doubt, but only if your attorney knows how to attack the prosecution's case. Virginia law also allows defendants to request independent forensic testing. Sometimes the best defense is demanding the testing prosecutors hope you won't ask for.

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Fourth Amendment violations are everywhere in gun cases: illegal searches, warrantless home entries, pretextual traffic stops, pat-downs without reasonable suspicion. But suppression motions must be filed early and argued correctly, or the chance to exclude evidence is lost forever. These motions can win cases before trial even starts. Gun cases are won or lost on constructive possession challenges, forensic evidence battles, and Fourth Amendment suppression. You need attorneys who know how to fight on all fronts.

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​​​​Read Actual Closing Argument Transcripts

 

We publish actual closing arguments so you can judge our work for yourself:

Felon in Possession Trial - Not Guilty (Two Officers, Zero Evidence) [Read Transcript →]

Felon in Possession Trial - Not Guilty (Five-Time Felon Witness) [Read Transcript →]

False Statement on Firearm Purchase Trial - Not Guilty [Read Transcript →]

 

Facing Gun Charges in Virginia Beach or Hampton Roads?

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Mandatory minimums mean judges have no choice but to send you to prison. When the evidence is weak or your constitutional rights were violated, you need attorneys who know how to fight back. Call us at 757-961-3311 or fill out the online form below for a free, confidential consultation. We'll give you an honest assessment of your case and explain your options. Everything you tell us is protected by attorney-client privilege.